Progressive Casualty Insurance Co. v. Kraayenbrink , 1985 Minn. LEXIS 1051 ( 1985 )

KELLEY, Justice

(concurring specially).

I concur in the decision of the court. The technical defect in the appeal was cured more than a fortnight prior to the issuance of the dismissal order. I fail to see how it can reasonably or logically be claimed that Kraayenbrink would have been prejudiced had the dismissal motion been denied. Normally, and certainly under the facts of this case, prejudice does not include a claim of delay in payment of alleged benefits, especially when the appeal, absent a dismissal order, would have been heard in its normal order.